Requesting an Alimony Modification

Requesting an Alimony Modification

Posted By
Dean Kantaras

In the years after divorce, former spouses’ circumstances may change,
rendering alimony arrangements unfair or unsuitable. In Florida, it is
unacceptable to terminate or modify alimony payments without the permission
of a court. However, it is possible to request an alimony modification
from the court.

Under Florida law, a request for alimony modification may be granted when
either party can demonstrate a substantial change in circumstances. The
change must be one that was not contemplated at the time the original
alimony order was entered by a court. In order to qualify as a substantial
change in circumstances, the change typically must be permanent, involuntary
and material.

The paying spouse may request a downward modification due to health problems,
job loss, or some other circumstances that impair the ability to pay.
The paying spouse may also request a reduction in alimony payments if
the recipient spouse enters into a supportive relationship or gets a large
raise or inheritance. The recipient spouse may request an increase in
alimony if the recipient spouse becomes unable to work due to disability
or another issue, resulting in increased financial need.

In some situations, a modification may be available even if the change
in circumstances was voluntary. If the spouse requesting modification
can prove that the voluntary change in circumstances was an intelligent
decision, a court may still grant the modification. For example, if a
man’s job is at risk, a court may grant a modification of his alimony
payments if he takes a lower-paying job to avoid a layoff.